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SHARP v. STATE FARM FIRE AND CAS. INS. CO.

No. 96-50725.

115 F.3d 1258 (1997)

James B. SHARP; Brenda Sharp, Plaintiffs-Appellants, v. STATE FARM FIRE AND CASUALTY INSURANCE COMPANY, et al., Defendants, State Farm Fire and Casualty Insurance Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied July 29, 1997.

Attorney(s) appearing for the Case

Stephen W. Boyd, Robert William Loree, San Antonio, TX, for Plaintiffs-Appellants.

J. Hampton Skelton, Jeffrey Charles Glass, Skelton & Woody, Austin, TX, for Defendant-Appellee.

Roderick Andrew Bordelon, Lanetta Marie Cooper, Office of Public Insurance Counsel, Austin, TX, for Office of Public Insurance Counsel of State of Texas, Amicus Curiae.

Before JOLLY, DUHÉ and EMILIO M. GARZA, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied July 29, 1997.

E. GRADY JOLLY, Circuit Judge:

State Farm denied the Sharps' claim for structural and cosmetic damage to their house that resulted from a foundation shift, which was itself caused by a plumbing leak beneath the house. We are called upon to determine whether the standardized Texas homeowner's policy provides coverage. The district court determined that such damage was not covered by the policy...

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